platoonDaddy
Ultimate Member
I have quit replying, too many trolls.
Will I be denied a firearms based off of an involuntary commitment?
- Thread starter SillySauce
- Start date
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I have quit replying, too many trolls.
danb
dont be a dumbass
Not really a surprise, people are expecting Clinton to get elected and ban guns.
I also believe BATFE amended their own regs to say involuntary treatment can be defined as commitment, even under 18 years of age. Best contact an attorney. It doesn't necessarily require a court order as I have mentioned.
IANAL
IANAL
Last edited:
- Jul 29, 2014
- 49,982
Just remember, sometimes when "googling'' a question on the interweb, you end up on a forum. To get the answers, you must join that forum...
As a minor, if your parents admitted you, that should be a voluntary committment. State law sets the bar at 14 days, federal law at 30 days. Minor children cannot admit themselves.
An involuntary commitment requires multiple steps, a petition (sometimes by parent), an examination (by doctor), a 72 hour in patient observation, and then a hearing of some type. MD case law in the 4th circuit iirc, states that only at that final hearing can an involuntary committment be adjudictated. This is a complicated process, that is much more difficult than just being admitted by a parent. This only happens if you are determined to be a danger to yourself or others. It is possible for a parent to go this route, if its a requirement for insurance coverage i suppose.
You should start by determining the date of the events, and obtaining a copy of your medical records. Further advice can be given from there.
An involuntary commitment requires multiple steps, a petition (sometimes by parent), an examination (by doctor), a 72 hour in patient observation, and then a hearing of some type. MD case law in the 4th circuit iirc, states that only at that final hearing can an involuntary committment be adjudictated. This is a complicated process, that is much more difficult than just being admitted by a parent. This only happens if you are determined to be a danger to yourself or others. It is possible for a parent to go this route, if its a requirement for insurance coverage i suppose.
You should start by determining the date of the events, and obtaining a copy of your medical records. Further advice can be given from there.
This case points out the greatest flaw in the current firearms law: There is no "safe" way for a person to get "pre-approval". You have to attempt to buy a gun to find out if you are allowed to possess, but that application alone opens you to arrest & prosecution. (It's rare for anyone not a felon to be prosecuted for this, but it could happen.)
Yeah, telling the OP to get a lawyer is the best response. But, that could cost him a lot of money, & a lawyer's opinion doesn't protect him. It would be a good idea if the OP were to request a copy of his records from the institution now, since, without that, no one can help.
No one will discuss the records accessed by the State Dept of Health & Mental Hygiene, but I suspect that they don't have much. MD mental health records are mostly in paper files, & there is no reporting requirement for health care providers. Consider the case of Korryn Gaines, suffering from severe brain damage caused by lead exposure, but was able to buy a shotgun.
The OP was smart to check with this forum first. There are LOTS of folks with problems in their past who are in a similar situation, but are afraid to expose themselves to the public, & don't know where to go for help.
Yeah, telling the OP to get a lawyer is the best response. But, that could cost him a lot of money, & a lawyer's opinion doesn't protect him. It would be a good idea if the OP were to request a copy of his records from the institution now, since, without that, no one can help.
No one will discuss the records accessed by the State Dept of Health & Mental Hygiene, but I suspect that they don't have much. MD mental health records are mostly in paper files, & there is no reporting requirement for health care providers. Consider the case of Korryn Gaines, suffering from severe brain damage caused by lead exposure, but was able to buy a shotgun.
The OP was smart to check with this forum first. There are LOTS of folks with problems in their past who are in a similar situation, but are afraid to expose themselves to the public, & don't know where to go for help.
https://www.mdshooters.com/showpost.php?p=4264271&postcount=15
I believe this post discusses the controlling precedent in md, furda v maryland, in the 4th circuit. Its an interesting case for sure, and very educational.
I believe this post discusses the controlling precedent in md, furda v maryland, in the 4th circuit. Its an interesting case for sure, and very educational.
I'm not making any judgement on the OP, in fact, he sounds legit to me. But yeah, there sure seem to be a good number of trap posts happening. In every case, I've seen good, legitimate and lawful responses. Any antis trying to get this community to advocate breaking the laws are going to be disappointed.
Forget Internet legal advice except for some background research. Go see a real lawyer in person. Most will give an initial consult for free and lay out for you the steps and costs involved in securing your rights. Do that.
This
RoadDawg
Nos nostraque Deo
- Dec 6, 2010
- 94,370
Odd that you post that link, then a few hours later that linked post is edited....
I'm not positive about it ... But, maybe the mods have access to the pre edited version. If they do and there is anything odd... I'm sure they will know how to deal with it.
metalman3006
Gun Hoarder
If it does hang you up there is a process to get your rights restored, it will involve a lawyer, a psychiatrist that is willing to say you are sane, and meetings with the state board that over sees this. My BIL was the first one to go through it in Maryland. The letter I mention in the last post in this thread; https://www.mdshooters.com/showthread.php?t=136525&page=6 was not the last one he got another letter recently that still does not officially acknowledged anything but the fact that he wont be denied the purchase of a firearm.
